High Court Judge Redson Kapindu sitting at Lilongwe has rejected an application by rejected an application by Vice President Dr Saulos Chilima seeking some the the Malawi Defence Force (MDF), saying they are highly sensitive.
The disclosures the defense requested include minutes of the Defence Council Meeting held on October 16 2020 authorising the procurement of armoured personnel carriers (APCs) and a memorandum of March 2021 from the MDF to President Lazarus Chakwera seeking authorisation to procure APCs from Malachite FZE, a company linked to Sattar, using single sourcing
Chilima is accused of demanding and receiving an unspecified amount of money from businessman Zunneth Sattar to influence the award of contracts to Sattar’s firms.
Kapindu emphasized that if sensitive documents become relevant during the trial for a fair trial of the accused, the Anti Corruption Bureau (ACB) will need to decide whether to disclose such information or drop the case.
In the meantime, the court has ordered that the defendant and their legal team, along with the Attorney General (AG) and lead counsel for ACB, will have access to the “see only basis” of the sensitive documents to understand the court’s view that the information is highly sensitive.
Kapindu focused on sections 171 (1) and (2) and 172 (2) and (3), outlining the facts and factors of relevance as per the Criminal Procedures and Evidence Code.
He argues that establishing relevance is necessary before deducing any evidence that the defendant may want to present.
Meanwhile, the case has been adjourned to May 3 2024 when Chilima is expected to take plea.
